Aluminum Extrusions From the People's Republic of China: Final Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2019
The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of aluminum extrusions from the People's Republic o...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of aluminum extrusions from the People's Republic of China (China) during the period of review (POR), January 1, 2019, through December 31, 2019. In addition, we are rescinding the review for numerous companies for which the request for review was withdrawn.
DATES:
Applicable February 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Davina Friedmann, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0698.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2021, Commerce published the
Preliminary Results
of this administrative review in the
Federal Register
.[1]
We invited parties to comment on the
Preliminary Results.
On September 7, 2021, case briefs were filed by the following interested parties: Global Aluminum Distributor; Kingtom Aluminio S.R.L. (Kingtom); and JL Trading Co., Puertas Y Ventanas JM Inc., and Industrias Feliciano Al Inc.[2]
On September 17, 2021, the Aluminum Fair Trade Committee (the petitioner) submitted a rebuttal brief.[3]
On December 2, 2021, Commerce extended the final results of review by 48 days, until January 21, 2021.[4]
On January 20, 2022, Commerce extended the final results by an additional 12 days, until February 2, 2022.[5]
For a full description of the events that occurred since the
Preliminary Results, see
the Issues and Decision Memorandum.[6]
On January 27, 2022, Commerce placed a memorandum on the record regarding Commerce's AFA determination with respect to Kingtom for the preliminary results of review (Kingtom AFA Memorandum) and invited interested parties to submit comments.[7]
On January 31, 2022, and on February 1, 2022, the petitioner and Kingtom, respectively, submitted comments on the Kingtom AFA Memorandum.[8]
Scope of the Order
9
The merchandise covered by the
Order
is aluminum extrusions from China. For the complete description of the scope of the
Order, see
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs and comments are addressed in the Issues and Decision Memorandum. A list of the issues raised by interested parties, and to which Commerce responded in the Issues and Decision Memorandum, is provided in the appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov.
In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at
https://access.trade.gov/public/FRNoticesListLayout.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from parties, Commerce made changes to certain program-specific rates applied to Kingtom on the basis of adverse facts available (AFA).
See
AFA Calculation Memorandum.[10]
Methodology
Commerce is conducting this review in accordance with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we find that there is a subsidy,
i.e.,
a government-provided financial contribution that gives rise to a benefit to the recipient, and the subsidy is specific.[11]
For a full description of the methodology underlying all of Commerce's conclusions, including any determination that relied upon the use of AFA pursuant to section 776(a) and (b) of the Act,
see
the Issues and Decision Memorandum.
Rescission of Administrative Review, in Part
In the
Preliminary Results,
we stated our intent to rescind the review with respect to companies named in the
Initiation Notice
for which all review requests were timely withdrawn in accordance with 19 CFR 351.213(d)(1). These companies are listed in Appendix II of this notice. For these companies, Commerce is rescinding the administrative review and will assess duties at rates equal to the rates of the cash deposits for estimated countervailing duties required at the time of entry, or withdrawn from warehouse, for consumption, during the
( printed page 7424)
POR, in accordance with 19 CFR 351.212(c)(1).[12]
Rate for Non-Selected Companies Under Review
For the companies not selected for individual examination, because we have not calculated rates for any company selected for individual examination, we have no such rates to use as a basis to determine the rate for companies not selected for individual examination in this review. Thus, we applied the above-
de minimis,
non-AFA countervailable subsidy rate from the most recently completed administrative review of the
Order,
in which we calculated a subsidy rate for an individual mandatory respondent,
i.e.,
the 2014 administrative review of this
Order.[13]
For further discussion,
see
the Issues and Decision Memorandum.
Final Results of Administrative Review
We determine the following final countervailable subsidy rates for the period January 1, 2019, through December 31, 2019: [14]
Company
Ad Valorem
rate (percent)
CRRC Changzhou Auto Parts Co. Ltd
15
16.08
Jiangsu Asia-Pacific Light Alloy Technology Co Ltd
242.56
Kanal Precision Aluminum Product Co. Ltd
16.08
Kingtom Aluminio SRL
242.56
Uniton Investment Ltd
16.08
Wellste Material Co Ltd
242.56
Disclosure
In this
case, the only calculation to disclose is the calculation of the AFA rate assigned to certain respondents. Therefore, Commerce will disclose to the parties in this proceeding the calculation performed for these final results within five days of the date of publication of this notice in the
Federal Register,
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed companies at the applicable
ad valorem
assessment rates, Commerce intends to issue assessment instructions, including assessment instructions for those companies for which we rescinded the review, to CBP no earlier than 35 days after the date of publication of the final results of this review in the
Federal Register
. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
i.e.,
within 90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties at the rates shown for each of the companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all non-reviewed firms, Commerce will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.
Administrative Protective Order
This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I—List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of the Administrative Review, In Part
V. Rate for Companies Not Selected for Individual Examination
VI. Use of Facts Available and Application of Adverse Inferences
VII. Subsidy Programs Subject to Countervailable Duties
VIII. Changes Since the Preliminary Results
IX. Analysis of Comment
X. Recommendation
Appendix II—List of Companies for Which We Are Rescinding This Administrative Review
58. Ou Chuang Plastic Building Material (Zhejiang) Co., Ltd.
59. Pentagon Freight Service
60. Pro Fixture Hong Kong
61. Qingdao Sea Nova Building
62. Qingdao Yahe Imports and Exports
63. Rollease Acmeda Pty
64. Sewon
65. Shandong Huajian Aluminum Industry
66. Shanghai EverSkill M&E Co., Ltd.
67. Shanghai Jingxin Logistics
68. Shanghai Ouma Crafts Co, Ltd.
69. Shanghai Phidix Trading
70. Sinogar Aluminum
71. Sunvast Trade Shanghai
72. Suzhou Mingde Aluminum
73. Tai-Ao Aluminum (Taishan) Co., Ltd.
74. Taizhou Puan Lighting Technology
75. Transwell Logistics Co., Ltd.
76. United Aluminum
77. Wanhui Industrial China
78. Wenzhou Yongtai Electric Co., Ltd.
79. Winstar Power Technology Limited
80. Wisechain Trading Ltd.
81. Wuxi Lotus Essence
82. Wuxi Rapid Scaffolding Engineering
83. Wuxi Zontai Int'l Corporation Ltd.
84. Xuancheng Huilv Aluminum Industry Co., Ltd.
85. Yekalon Industry Inc
86. Yonn Yuu Enterprise Co., Ltd.
87. Yuyao Royal Industrial
88. Zhejiang Guoyao Aluminum Co., Ltd.
89. Zhejiang Shiner Import and Export
90. Zhongshan Broad Windows and Doors and Curtain
91. ZL Trade Shanghai
Footnotes
1.
See Aluminum Extrusions from the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Intent to Rescind, in Part; 2019,86 FR 43173 (August 6, 2021) (
Preliminary Results), and accompanying Preliminary Decision Memorandum.
2.
See
Global Aluminum Distributor, LLC's Letter, “Aluminum Extrusions from the People's Republic of China; C-570-968; Case Brief,” dated September 4, 2021;
see also
Kingtom Aluminio S.R.L.'s Letter, “Case Brief of Kingtom Aluminio S.R.L.,” dated September 7, 2021; and JL Trading Corp.'s, Puertas Y Ventanas JM Inc.'s, and Industrias Feliciano Al Inc.'s Letter, “Aluminum Extrusions from the People's Republic of China: Case Brief,” dated September 7, 2021.
4.
See
Memorandum, “Aluminum Extrusions from the People's Republic of China: Extension of Deadline for Final Results of Countervailing Duty Administrative Review; 2019,” dated December 2, 2021.
5.
See
Memorandum, “Aluminum Extrusions from the People's Republic of China: Extension of Deadline for Final Results of Countervailing Duty Administrative Review; 2019,” dated January 19, 2022.
6.
See
Memorandum, “Decision Memorandum for Final Results of 2019 Administrative Review of Aluminum Extrusions from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
8.
See
Petitioner's Letter, “Aluminum Extrusions from the People's Republic of China: Comments on Kingtom AFA Memorandu,” dated January 31, 2022;
see also
Kingtom's Letter, “Aluminum Extrusions from the People's Republic of China, Case No. C-570-968: Kingtom Response to Placement of AFA Memorandum on the Record,” dated February 1, 2022.
10.
See
Memorandum, “Administrative Review of Countervailing Duty Order on Aluminum Extrusions from the People's Republic of China: AFA Calculation Memorandum for the Final Results of Review; 2019,” dated February 2, 2022 (AFA Calculation Memorandum).
11.
See
sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.
12.
See Preliminary Results.
In the Preliminary Results, Commerce inadvertently provided an incorrect list of companies on which it intended to rescind the administrative review at Appendix II. Commerce has included the correct list of companies for which it will rescind this administrative review, in accordance with the withdrawal of requests review submitted by the petitioner on October 8, 2020.
See
Petitioner's Letter, “Aluminum Extrusions from the People's Republic of China: Partial Withdrawal of Request for Administrative Review,” dated October 8, 2020.
13.
See Aluminum Extrusions from the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2014,81 FR 92778 (December 20, 2016).
15.
As stated in the
Preliminary Results
under the section titled, “Preliminary Rate for Non-Selected Companies Under Review,” this subsidy rate reflects the subsidy rate calculated for a mandatory respondent in the 2014 administrative review of this countervailing duty order.
Use this for formal legal and research references to the published document.
87 FR 7423
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Aluminum Extrusions From the People's Republic of China: Final Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2019,” thefederalregister.org (February 9, 2022), https://thefederalregister.org/documents/2022-02650/aluminum-extrusions-from-the-people-s-republic-of-china-final-results-of-countervailing-duty-administrative-review-and-r.